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HomeMy WebLinkAboutresolution.apz.041-9337/5~21 B-770 I- ~,....8 12/27/94 09:24A PG 1 OF' 4 REC DOC SILVIA DAVI~i~ PITKIN COUNTY CLERK & RECORDER 20.00 ~_/ ¢~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION GRANTING CONDITIONAL USE APPROVAL FOR ANATTACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENCE AMD STREAM MARGIN REVIEW AT 1420 RED BUTTE DRIVE (BLOCK 1, LOT 6, RED BUTTE SUBDIVISION) FOR CHUCK BELLOCK Resolution No. 93-~ WHERE~S, pursuant to Section 24-5-510 of the Aspen Land Use Regulations accessory dwelling units may be approved by the Planning and Zoning Commission as conditional uses in conformance with the requirements of this Section; and WHEREAS, the Planning Office received an application from Chuck Bellock, represented by Stan Mathis, for a Conditional Use review for an approximately 475 sq.ft, accessory dwelling unit within the second floor of the proposed single family residence; and WHEREAS, the new single family residence is replacing an existing residence on the parcel and the accessory dwelling unit is being provided as affordable housing mitigation as required by Ordinance 1, Series 1990; and WHEREAS, the proposed unit is 100% above grade, therefore the site is eligible for an FAR bonus pursuant to Section 24-3-101; and WHEREAS, the new single family residence is subject to Section 24-7-504 Stream Margin Review because it is located within 100 feet from the high water line of the Roaring Fork River; and WHEREAS, a public hearing was conducted on February 15, 1994, at a regular meeting of the Aspen Planning and Zoning Commission, in which the Commission considered the applicant's request and voted 4-0 for approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That the Bellock Stream Margin Review and Conditional Use for an approximately 475 sq.ft, net livable accessory dwelling unit is approved, subject to the following conditions: The owner shall submit appropriate deed restrictions to the Aspen/Pitkin County Housing Authority for approval. The accessory dwelling unit shall be deed restricted to resident occupancy with a minimum six month lease. Upon approval by the Housing Authority, the Owner shall record the deed restriction with the Pitkin County Clerk and Recorder's Office. 2 o Prior to issuance of any building permits, a copy of the recorded deed restriction for the accessory dwelling unit must be forwarded to the Planning Office. 377521 B-770 P-329 12/27/94 09:24A PG 2 OF 4 Resolution ~94- Page 2 The accessory dwelling unit shall be clearly identified as a separate dwelling unit on building permit plans and shall comply with U.B.C. Chapter 35 sound attenuation requirements. During building permit plan review, the Zoning Enforcement Officer shall make the final determination that the unit meets the minimum size requirement of 300 sq.ft, net liveable as defined in the Housing Authority Guidelines. The accessory dwelling unit cannot be less than 300 sq.ft. As recommended by the City Engineer, the applicant shall comply with the following conditions: The applicant shall sign and execute a sidewalk, curb, and gutter agreement with the City Engineer prior to the issuance of any building permits. bo The applicant shall designate parking spaces, the pedestrian walkway space in the public right-of-way, fisherman's easement, building envelope, and the trash area on the final development plan, prior to issuance of any building permits. Once this final development plan is approved by the Engineer and Planning Office's it shall be filed with Pitkin County Clerk and Recorder's Office. The applicant shall obtain an encroachment license for the fence which encroaches into the public right-of-way or relocate the fence onto private property, prior to issuance of any building permits. The applicant shall consult city engineering (920-5080) for design considerations of development within public right-of-ways, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights- of-ways from city streets department (920-5130). A drainage plan prepared by a registered engineer shall be submitted to and approved by the City Engineer, prior to issuance of any building permits. The Zoning Enforcement Officer shall ensure that erosion fencing and geogrids are in place prior to any earthmoving activities. Erosion fencing and geogrids shall be erected immediately adjacent to the construction envelope during all phases of construction. No construction equipment is permitted outside the northern edge of this envelope. This shall prevent any construction debris, soil, rock or vegetation from impacting the stream bank and river. 77~_1 B-770 P-330 12/27/94 09:24A PG 3 OF 4 Resolution #94- Page 3 10. 11. 12. 13. No existing vegetation, other than turf, shall be removed between the building envelope and the river. A fisherman's easement must be filed with the Pitkin County Clerk and Recorder, prior to the issuance of any building permits. This easement shall include the land area under the Roaring Fork River, and on land, a five foot distance measured horizontally from the high water line. Prior to removal of any trees, the applicant shall obtain a tree removal permit from the Parks Department. The applicant is required to either guarantee that the trees survive for up to two years after relocation or, should they die, that they are replaced with comparable trees. Excavating around existing trees will need to be done outside of the dripline of all trees. For new landscaping and irrigation, the applicant shall comply with Ordinance 37, Series 1991 for Water Conservation. This includes protecting existing trees outside of the envelope, replant with wildflower and native grasses on disturbed areas of the site, and limit urban turf treatments that could adversely affect the river. Prior to the issuance of any building permits, the applicant shall record either the amended Homeowner Covenants or waiver of the Homeowner Covenants which permit an accessory dwelling unit on Lot 6 of the Red Butte Subdivision. If an amendment or waiver from the Covenants cannot be obtained, the applicant shall pay the cash-in-lieu requirements. The applicant shall relocate the proposed patio at least 10 feet back from the top of the stream bank in order to increase the buffer zone between the river and development. Ail material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. The site shall be periodically checked by the Zoning Enforcement Officer to enforce all conditions of this approval. APPROVED by the Commission at its regular meeting on February 15, 1994. Resolution #94- Page 4 Attest: J~h-'Carney,,~ Deputy City ~lerk W. Bruce Kerr, Chair ..~77.~=1 B-770 ~-'-'-331 12/27/94 09.~:4A·':' PG 4 OF: 4